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Refugees.And.Border.Security.Pdf (1.010Mb) Refugees and Border Security Post-September 11 Howard Adelman Abstract ment une porte d’entrée de quelque importance permet- In the aftermath of the terror attack on the United States tant aux terroristes d’entrer au Canada ou aux États- on 11 September 2001, widespread concerns were raised Unis. about security concerns related to access to Canada and the United States of refugee claimants. Many new changes were introduced after that event to improve the control Security and Refugees mechanisms to reduce the threat of terrorism. In the over- here are many areas in which immigration and, more lap between refugee and security concerns, particularly particularly, refugee issues overlap with security con- with respect to the genuine fear of terrorism, this paper Tcerns, especially since the Canadian system of selec- will examine the controls in place and introduced after 11 tion and control presumes that the desirable can be distinguished from the undesirable. This overlap with secu- September 2001 to restrict the entry and retention of ter- rity is particularly important in the case of refugees for, rorists in association with the refugee determination proc- unlike immigrants, Convention refugees are self-selected ess. This paper will attempt to assess whether the refugee and are generally permitted to become members of Canada determination process provides any significant opening for if they can prove that they are entitled to refugee status terrorists to enter Canada or the United States. according to the provisions of the International Refugee Convention. However, even if adjudication has replaced a Résumé system of selection, there are some controls in place to assess Dans la période qui a suivi les attentats terroristes du 11 any security risk related to potential refugee claimants, refugee septembre 2001 aux États-Unis, beaucoup d’inquiétudes claimants, and persons given refugee status under the Conven- ont été exprimées autour de la question de sécurité liée à tion. Those who pose security risks are inadmissible.1 l’entrée au Canada et aux États-Unis de demandeurs These controls include: imposition of visa requirements d’asile. De nombreux changements ont été introduits à la on travelers from specific countries coming to Canada; 2 suite de ces évènements pour améliorer les mécanismes de pre-screening abroad to interdict undocumented arrivals in partnership with transport companies,3 even if genuine contrôle et réduire les risques de terrorisme. Dans le refugees are prevented from arriving in Canada to make a chevauchement entre réfugiés et problèmes de sécurité, claim; limiting the number of refugee arrivals by imple- particulièrement en ce qu’il s’agit de craintes fondées du menting a “safe third country” mechanism,4 a provision terrorisme, cet article se propose d’examiner les mesures already in Canadian legislation that eliminates the refugee de contrôle qui ont été instaurées après le 11 septembre, claims of persons who transited through a country – spe- de pair avec le processus de reconnaissance du statut de cifically the United States – where they could have made a réfugié, afin de contrôler l’entrée de terroristes et leur refugee claim; the use of Advanced Passenger Information détention. L’article essayera de déterminer si le processus (API) lists with full reservation details to facilitate interdic- de reconnaissance du statut de réfugié représente réelle- tion at airport ports of entry by disembarkation teams to detect and prevent entry of improperly documented, un- Volume 20 Refuge Number 4 documented, and unwanted arrivals; screening at ports of bomb the Los Angeles airport, plotted bank robberies and entry to attempt to identify security risks5 in partnership organized the fraudulent use of credit cards. This paper will with other countries6 with which Canada shares informa- nevertheless focus on terrorism alone and by and large tion,7 detention8 of suspect refugee claimants, subject to avoid other issues of control. review,9 without resorting to the current Australian system Whatever the inherent limitations in any control system, of detaining all claimants;10 pre-screening of refugee claim- in the aftermath of September 11, widespread charges were ants by the Canadian Security and Intelligence Service made17 both in the United States18 and in Canada19 that the (CSIS) to ensure that they are not security risks;11 and, Canadian control system was porous and inefficient. In a finally, removal12 of those refused refugee status or those poll conducted by Léger Marketing in the aftermath of granted refugee status13 if they are deemed to be a security September 11, 80 per cent of Canadians demanded stricter risk. These efforts are enhanced by new high-tech systems controls over immigration. to detect security risks, such as the Automated Fingerprint However, in Chapter 2 of a report entitled Hands across Identification System (AFIS) of Citizenship and Immigra- the Border (henceforth Hands),20 the Standing Committee tion Canada (CIC). To ease the burden on and workload of on Citizenship and Immigration, reporting on the effects Immigration Control Officers (ICO), safe travellers can of September 11 on border and immigration issues to the now be expedited through immigration control where the House of Commons, concluded: “Evidence to date indi- systems are in place by using the CANPASS, INSPASS, and cates that the attacks of September 11th were largely orches- the new Expedited Passenger Processing System (EPPS), all trated and carried out by a group of people who entered the of which were designed to identify pre-approved low-risk United States legally,” and had nothing to do with individu- travelers expeditiously. als attempting to enter Canada to win status as refugees.21 One foundation of this control system is documentation However, the Canadian Alliance qualified its overall en- – passports, visas. and refugee (and immigrant) identity dorsement of the report as follows: “Capacity creates its documents. Quite aside from the controls on refugees, one own demand, for where there is a weakness it will be of the major breaches in the control apparatus involves the exploited. The ‘refugee system’ continues to be exploited by fraudulent use of passports. These include Canadian pass- non-refugees and is a grave security concern.” And on ports: there were 2,200 reported misuses of Canadian pass- December 7, 2001, the Toronto Star headlined its coverage ports through fraudulent alteration, theft, borrowing, and of Hands: “MPs Urge Crackdown on Refugees.” Is the obtaining legitimate passports illegally14 between 1988 and refugee control system porous and a security threat to 2000, according to a 27 September 2001 report of CIC. In Canadians, or is this all hyperbolic rhetoric with little rela- addition, corruption is used to buy visas.15 Some also argue tionship to reality, and, even worse, an excuse and cover to that the absence of a system of identity cards for immigrants introduce stricter controls on the entry of genuine refugees and refugees, prevalent in continental Europe, has also been to Canada? The latter is the attitude of most individuals in a problem (though such a system is now to be introduced the refugee support community. Thus, while unequivocally into Canada). condemning the terrorist attacks on the World Trade Tow- In the application of these enforcement mechanisms, ers on 11 September 2001 and recognizing the need to take there are always constraints – financial, bureaucratic, legal – defensive measures against future attacks, refugee and im- as well as continuing debates between the degree of discre- migration support groups tend to view the terrorism scare tion permitted and the desire to have all control rules after September 11 as having been used as an excuse to spelled out clearly and unequivocally. While control sys- restrict and limit refugee entry into Canada even further tems apply to undesirables of many kinds – criminals, and with very little justification. trafficked persons, war and other serious criminals, human Are refugees a significant security issue or not? rights violators – this article is limited to the examination of control mechanisms in place or recently introduced to Actual Security Threats and Refugees restrict the entry and retention of terrorists in association As everyone knows, the September 11 attack on the World with the refugee determination process, though in some Trade Towers was not the first terrorist attack targeting situations there are linkages between the control of terror- North American people and property. One very early terror- ism and other control issues. For example, in the case of the ist attack aimed at civilians was the 1985 bombing of an Air Tamil Tigers, there have been allegations of linkages be- India flight with 325 people, mostly Indo-Canadians, tween organized crime, money laundering, immigrant aboard. Another airline attack on an India-bound plane was smuggling operations and terrorism.16 In another example, just barely averted. Several Canadian Sikhs were recently Ahmed Ressam, the terrorist convicted of planning to indicted for the Air India disaster. Refugees and Border Security Post-September 11 Other groups involved in terrorism have been supporters the Algerian Samir Ait Mohamed, entered Canada in Oc- of the Tamil Tigers in Sri Lanka. Many Sri Lankan Tamils tober of 1997 with a false Belgian passport and a fake name. arrived in Canada and were accepted as genuine refugees. He too claimed refugee status, and had a hearing in August CSIS several years ago identified the Liberation Tigers of 1998 in Montreal but his claim was also rejected. Though Tamil Eelam (LTTE) as a terrorist organization guilty of having no employment and living off welfare, he paid rent assassinations, suicide bombings, ethnic cleansing, torture of $1400 per month. He was picked up in Vancouver in July and rape. Further, the Security Intelligence Review Com- 2000 on an immigration warrant as a result of information mittee (SIRC) in its 1999-2001 Report (Ottawa 2000) rec- that came out of the trial of Ahmed Ressam.
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